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U.S. v. DUNCAN

No. 97-2043.

131 F.3d 894 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. DONALD DALE DUNCAN, JR., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 3, 1997.

Attorney(s) appearing for the Case

James T. Martin, Assistant United States Attorney (John J. Kelly, United States Attorney, with him on the briefs), Albuquerque, NM, for the appellant.

Charles S. Aspinwall, Albuquerque, NM, for the appellee.

Before BRISCOE, Circuit Judge, LUCERO, Circuit Judge, and McWILLIAMS, Senior Circuit Judge.

McWILLIAMS, Senior Circuit Judge.

In a four-count indictment filed on September 18, 1996, Donald Dale Duncan, Jr. ("Duncan"), was charged in Count 1 with possession with intent to distribute more than 5 grams of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). In Count 2 Duncan was charged with carrying and using a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1). In Count 3 he was charged with possession...

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